Section 59060.5 - Restraint Data Reporting(a) Emergency Intervention Documentation and Reporting Requirements. (1) Each use of physical restraint shall be reported to the authorized consumer representative, if any, by telephone, no later than the next calendar day following the use of the physical restraint. This report shall include the type of emergency intervention used and the duration of the physical restraint. (A) The date and time the event was reported to the authorized consumer representative, and the date, time, and response of the authorized consumer representative shall be documented in the consumer's file no later than the next calendar day.(2) Each use of physical restraint shall be reported to the Department of Social Services as specified in Title 22, California Code of Regulations, Section 80061 and 84361, and the Department at EBSHCCHMonitoring@dds.ca.gov no later than the next business day following the use of the physical restraint. (A) An incident report of the use of the physical restraint shall be reviewed for accuracy and completeness, and signed by the licensee or their designee prior to submission to the Department of Social Services and the Department.(B) If a physical restraint technique that was not part of the facility Emergency Intervention Plan or the Individual Emergency Intervention Plan was used during the emergency intervention, the licensee shall develop a plan for corrective action, that at minimum, shall require direct care staff to repeat or obtain emergency intervention training. Within 24 hours of the licensee's discovery of non-compliance of the Emergency Intervention Plan or the Individualized Emergency Intervention Plan, the licensee shall also submit a plan for corrective action to the Department of Social Services and the Department at EBSHCCHMonitoring@dds.ca.gov, that describes how the licensee will ensure that there is no recurrence of a violation of the Emergency Intervention Plan or the Individual Emergency Intervention Plan.(3) The written incident report specified in Subsection (a)(2) must include the following: (A) Description of the consumer's behavior and description of the precipitating factors, including behaviors of others, which led to the use of physical restraint;(B) Description of what physical restraints were used and how long the consumer was restrained;(C) Description of the non-physical interventions utilized prior to the use of the physical restraint and an explanation of why more restrictive interventions were necessary;(D) Description of the consumer's verbal response and physical appearance, any injuries sustained by the consumer and/or staff, whether the injuries are related to the physical restraint, and how the licensee became aware of the injury;(E) Description of the type of medical treatment sought and the location where medical treatment was obtained. If no medical treatment was obtained, an explanation of why medical treatment was not sought for injuries;(F) Name(s) of all facility personnel who participated in or witnessed the physical restraint;(G) Name of the administrator or their designee who approved the continuation of the physical restraint for more than 15 consecutive minutes;(H) If it is determined in the debriefing pursuant to Section 59060.4 that facility personnel did not adequately attempt to prevent physical restraint, a description of what action(s) should have been taken by staff to prevent physical restraint. This documentation shall also include what corrective action will be taken and why;(I) If law enforcement was involved, a description of the precipitating factors, including behaviors of others, which required police intervention; and(J) Date(s) and time(s) of other physical restraint(s) involving the same consumer within 24 hours.(4) If it was necessary to continue the use of physical restraint for more than 15 consecutive minutes, it shall be documented in accordance with Section 59060.2.(5) A copy of the incident report shall be made available for review, inspection, audit, or copy upon request by the Department, as specified in Section 59062.(6) The information required in Subsection (a)(2)-(3), shall be documented following the use of physical restraint no later than the end of the work shift(s) for each staff member who participated in the physical restraint.(7) The licensee shall maintain a monthly log of information for each consumer related to each use of physical restraint, which includes: (A) The name of each consumer for which a physical restraint was used;(B) The date and time of the physical restraint;(C) The duration of the physical restraint;(D) The behaviors of others connected to the incident and factors that contributed to the incident;(E) The name(s) and job title(s) of staff that participated in the physical restraint;(F) The name of the administrator or their designee that approved the continuation of the physical restraint for more than 15 minutes, if applicable;(G) A description of the physical restraint and type used, including: 1. The outcome to the consumer, including injury or death;2. The outcome to the staff, including injury or death; and3. Whether the injury in Subsection (a)(7)(G)1. and 2., was serious, as defined in Health and Safety Code Section 1180.1(g);(H) The total number of incidents of physical restraint per month;(I) The total number of serious injuries to consumers per month as a result of physical restraint;(J) The total number of non-serious injuries to consumers per month as a result of physical restraint;(K) The total number of serious injuries to staff per month as a result of physical restraint;(L) The total number of deaths to a consumers while in a physical restraint, or where it is reasonable to assume that a death was related to the use of physical restraint; and(M) If no physical restraints are used, the monthly report shall indicate zero restraints used.(8) The monthly log specified in Subsection (a)(7) shall be available for review, inspection, audit, and copy upon request by the Department of Social Services and the Department.(b) On the first day of the month following a consumers' admission to the facility and monthly thereafter, the facility administrator or their designee shall submit a copy of the monthly log described in Subsection (a)(7) to the regional center's designee and the Department at EBSHCCHMonitoring@dds.ca.gov. (1) A log shall be submitted every month, even if no physical restraints are used.(c) Within 48 hours of the use of a supine restraint, the facility administrator shall submit the debriefing documentation described in Section 59010.4(f)(1)-(5) to the regional center's designee and the Department at EBSHCCHMonitoring@dds.ca.gov.Cal. Code Regs. Tit. 17, § 59060.5
1.
1. New section filed 7-12-2023; operative 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28). Note: Authority cited: Sections 4684.81 and 4684.86, Welfare and Institutions Code; Section 1180.2, Health and Safety Code. Reference: Sections 4648.80, 4684.81 and 4684.86, Welfare and Institutions Code.
1. New section filed 7-12-2023; operative 7/12/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).